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How to Get a No-Fault Divorce in Arkansas: State Requirements and Documents

Apr 6, 2023

 

 

Seeking professional counsel on how to apply for divorce in Arkansas?

The defendant committed a crime by engaging in adultery.
Drunkenness on a Regular Basis
Living apart for an uninterrupted stretch of eighteen (18) months without reunion

Table of Contents

      • Divorce without Controversy
      • The Initial Filing Procedure
      • A Word on Forms
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Divorce without Controversy

The degree of consensus between the partners regarding the reasons for divorce is referred to as a straightforward divorce. While fault divorces can be straightforward (one partner acknowledges fault for the marriage’s demise and a deal is reached), no fault divorces are more prevalent because neither party faults the other and the wish for divorce is reciprocal. When applying for an uncomplicated divorce, the parties will typically collaborate to complete a Divorce Settlement Agreement, which details every problem in their marriage and how they desire to settle it. Typically, the Divorce Settlement Agreement addresses problems such as property split, debt division, child support, child custody, access, and alimony.

Following the submission of your Divorce Settlement Agreement, the judge may order a hearing or award the divorce without an official review. It is critical to understand that the court has the authority to refuse any or all of the provisions in the Divorce Settlement Agreement if the judge does not believe the conditions provide for a fair division of marriage assets and obligations.

The Initial Filing Procedure

Either partner can start a divorce by submitting the necessary paperwork with the local court. A Complaint for Divorce and a Summons must be filed by the Plaintiff (partner initiating the divorce). After submitting the necessary initial papers, the Plaintiff must serve his or her partner, who is now referred to as the Defendant. Typically, the function is performed by a process officer, bailiff, or by publishing. (if you cannot locate your spouse). After being served, the Defendant must submit an answer known as an Answer in order to prevent the Plaintiff from continuing with a default ruling.

A Word on Forms

Unfortunately, the Arkansas judicial system does not provide any documents online. You should check with the county court in the county where you want to apply for divorce, or the county where your divorce was submitted, to see if any papers are accessible.

 

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